Kandarian

This is an action to reform a contract and to recover damages for breach thereof as reformed. The plaintiff obtained judgment against the defendant reforming the contract and giving it judgment against defendant for damages in the sum of one thousand dollars and costs of suit. Defendant appeals from the judgment.

The contract is one for the sale to plaintiff by defendant of twenty-five tons of Muscat raisins at nine cents per pound, said raisins grown by defendant on land owned by him during the year 1919, and to be delivered before December 1, 1919. The contract omitted to describe the land from which the raisins were to come, and it is in this particular that plaintiff sought reformation, alleging that the description was omitted through mutual mistake.

The contract was made upon a printed form known among packers as a “dried fruit contract.’’ It was dated and filled out by W. D. Weaver, a buyer for plaintiff, and signed by him on behalf of plaintiff. Defendant admitted that he knew Weaver and had theretofore had business transactions with him relating to the sale of raisins. He also admitted that he had met and conversed with Weaver about the time it is alleged the contract…